Ask us to amend or vary a Section 106 Agreement
Use this service to amend or change a Section 106 planning obligation:
- within 5 years of the date of completion of the planning obligation
- after 5 years, beginning with the date the planning obligation was legally completed
Within 5 years
There are legal charges for this and we would encourage applicants to fill out the main pages of the relevant application form or provide the relevant information by email.
To make an amendment or change to a Section 106 planning obligation within 5 years of its completion, you’ll need agreement between us and the person or persons against whom the obligation is enforceable.
To discharge an obligation, make an amendment or change to a Section 106 planning obligation within 5 years of its completion, download this form (PDF 140KB) and email it to planningapplications@swale.gov.uk.
After 5 years
There are legal charges for this and the relevant application form must be completed and the appropriate notice given for the application to be valid.
Once accepted as a valid application we’ll make a decision in up to 8 weeks or within an agreed timescale.
To make an amendment or change to a Section 106 planning obligation after 5 years of its completion, download the following forms, and email them to planningsupport@midkent.gov.uk:
- Variation to S106 Agreement After 5 Years – Part 1- Application form (PDF 140KB)
- Variation to S106 Agreement After 5 Years – Part 2 - Notice and Ownership Certificate (PDF 69KB)
Privacy notice
As data controller we ensure that processing is carried out in accordance with the Data Protection Act 2018 and the UK General Data Protection Regulation.
The information you provided on the forms will be used solely in connection with your application and only be shared where it is necessary in order for your request to be resolved or where there is a legal requirement to do so.
The lawful basis which enables the Council to process your data for this purpose is public interest Article 6, paragraph (e) of the UK GDPR.
The information will be stored and destroyed in line with the Council’s Retention and Deletion Schedule. Please visit the Privacy pages for further information.